NOTICE OF THE MEETING OF THE LICENSING SUB COMMITTEE
THURSDAY 12 NOVEMBER 2020, 10.00am VIA DIGITAL MEETING FACILITY
Agenda of Business
Apologies
Declarations of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest.
1 Minutes for Approval
Licensing Sub-Committee, 10 September 2020 (pages 1-12)
2 Application for the Renewal of a Licence to Operate a House in Multiple Occupation (HMO)
a) 16 Tyne Court, Haddington, EH41 4BL (pages 13-46)
3 Update of Delegated Powers List – Report by the Depute Chief Executive (Resources and People Services) (pages 47-50)
4 Taxi Fare Review – Report by the Depute Chief Executive (Resources and People Services) (pages 51-60)
PRIVATE
5 Fitness and Propriety of a Private Landlord (Update) – Report by the Depute Chief Executive (Resources and People Services) (pages 61-82)
6 Fitness and Propriety of Private Landlord – Report by the Depute Chief Executive (Resources and People Services) (pages 83-146)
NOTE: Access to Information. The Committee will exclude the public from items 5 and 6 in terms of paragraph 6 (information relating to the business affairs of particular persons) of Schedule 7A to the Local Government (Scotland) Act 1973.
Monica Patterson Chief Executive John Muir House Haddington
5 October 2020
Licensing Sub-Committee – 10/09/2020
MINUTES OF THE MEETING OF THE LICENSING SUB-COMMITTEE OF THE CABINET
THURSDAY 10 SEPTEMBER 2020 ONLINE DIGITAL MEETING FACILITY
Committee Members Present: Councillor J Findlay Councillor J Henderson Councillor C McGinn (Convener) Councillor J McMillan Councillor T Trotter Councillor J Williamson
Other Councillors Present: None
Council Officials Present: Mr I Forrest, Senior Solicitor Ms S Fitzpatrick, Team Manager – Licensing & Landlord Registration Ms C Shiel, Licensing Officer Ms R Pringle, Strategy Officer
Others Present: PC J T White, Police Scotland (Item 6)
Clerk: Ms B Crichton, Committees Officer
Apologies: None
Declarations of Interest: None
1 Licensing Sub-Committee – 10/09/2020
1. MINUTES FOR APPROVAL – LICENSING SUB-COMMITTEE, 12 MARCH 2020
The minutes of the meeting of the Licensing Sub-Committee on 12 March 2020 were approved as an accurate record of the meeting.
2. APPLICATION FOR THE GRANT OF A LICENCE FOR A HOUSE IN MULTIPLE OCCUPATION a. 69 Kennedy Crescent, Tranent, EH33 1DN
The Depute Chief Executive, Resources and People Services, had submitted a report to advise that an application for the grant of a House in Multiple Occupation licence had been received from Mr Cameron Veitch, of Benchmark 4 LLP, to allow him to operate the property at 69 Kennedy Crescent, Tranent as a House in Multiple Occupation (HMO).
Mr Scott Runciman was present to represent the applicant. Mr Michael Brunton, objector, was also present.
The Sub-Committee required to assess the suitability of the property as an HMO and to establish that the applicant was a fit and proper person to hold an HMO licence.
Ian Forrest, Legal Adviser, presented the report. He advised that the Housing (Scotland) Act 2006, Part 5 required that, where a property is to be occupied by three or more persons from three or more families, the owner must apply to the local authority for a licence to operate an HMO. In accordance with legislation, notices were to be displayed at and around the property and remained in place for the statutory minimum period of 21 days. He noted that Police Scotland had made no objection or representations to the application. He advised that that a number of public objections had been received, which focused on the potential for antisocial behaviour, concerns around parking availability, restrictions to title deeds, and concerns with the effectiveness of the display of the public notice.
The Legal Adviser reminded Members that, in determining the application, they were restricted to the grounds of refusal specified in Part 5 of the Housing (Scotland) Act 2006, and noted that concerns around title deeds were a matter for those who had authority to enforce title deeds. He advised Members what they must consider when determining if a property were suitable for occupation as an HMO. He reminded Members that an application had previously been made and refused on the grounds that the property was unsuitable due to a lack of car parking; the applicant had subsequently appealed to the Sheriff Court in light of the material change of circumstances (monoblocking to the front of the property), and this had been remitted back to the Sub-Committee to reconsider.
The Convener invited Mr Runciman to speak in support of the application. Mr Runciman addressed the tests from the Housing (Scotland) Act 2006. He advised that Mr Veitch ran a number of HMO properties without issue; he was an experienced landlord and acted on tenancy issues quickly, which he gave as evidence that the applicant was a fit and proper person to run the property as an HMO. He addressed the suitability of the property, and referenced the up-to-date documentation, such as the fire safety and environmental health reports, and gas certificate.
2 Licensing Sub-Committee – 10/09/2020
Mr Runciman went on to address the general concerns of objectors in detail. He advised of modifications made to the front of the house, and stated that the newly monoblocked area would facilitate parking for at least four cars. He reiterated the Legal Adviser’s earlier statement that this hearing was not a forum for the discussion of matters relating to title deeds. He stated that the access strip at the front of the house would remain available to the council should access be required. He referenced concerns about antisocial behaviour; he suggested that objectors were averse to change and diversity within the neighbourhood, and felt it unfair to contribute such behaviour to potential tenants. He advised that tenants were selected on the basis that they would fit in to the area. He stated that Mr Veitch had received no complaints of antisocial behaviour at the property, which had been operating as a rental property since 2019.
Mr Runciman went on to address concerns relating to the display of the notice for 21 days. He explained that Mr Veitch had asked to display the notice on a nearby tree but had been refused permission, and said the notice had been moved by the tenants from the front door to the window. Mr Runciman also noted that objections concerning the value of properties in the area were not in the HMO test. He advised that the concerns regarding alterations for additional capacity had been unfounded, as the attic was for storage space only. Finally, in relation to the concern that this property would ‘open the floodgates’ for further HMO applications, he noted that the local authority could control the issue of overprovision. He summarised that all of the tests for the grant of an HMO licence had been met, and invited the Sub-Committee to impose conditions they saw fit if they had any concerns.
Responding to questions from Councillor Henderson, Mr Runciman confirmed that the house would have a maximum capacity of four occupants. He advised that Mr Veitch had used reputable builders who had not raised any concerns regarding planning permission to carry out the monoblocking work.
Councillor McMillan raised further concerns regarding parking on the residential street and asked about legalities around the COVID 19 pandemic for letting. Mr Runciman suggested that future tenancy agreements could regulate issues around parking, and said that Mr Veitch would be happy to educate his tenants on any conditions imposed. The Legal Adviser said that no specific COVID-related legislation had addressed tenancies and HMOs.
Responding to a question from the Convener, Mr Runciman advised that the access strip did belong to the property, and that although the strip no longer had grass over it, it would still be accessible to the council or emergency services if necessary.
The Convener invited Michael Brunton to speak to his objection. Mr Brunton highlighted various issues raised in the objections lodged by the residents of Kennedy Crescent. He stated that the sign had not been displayed prominently or where neighbours could see it without looking in the front window of the property. He also noted that parking was already an issue on the street, and he asserted that the new driveway would not accommodate as many cars as had been indicated previously.
The Convener questioned whether it would be down to neighbours to police the number of cars parked. Mr Runciman responded that any house on the street could have multiple cars parked or a number of visitors at any time, and noted that the two current tenants at the property could have a similar situation; he suggested that there could be greater restrictions to parking conditions should they be imposed on the HMO licence.
Responding to questions regarding the access strip, Mr Runciman thought there would be space for three cars if no car could be parked over this area. He advised that he
3 Licensing Sub-Committee – 10/09/2020 had spoken with Mr Veitch, who had agreed that the access strip could be converted back to grass if necessary. On the issue of parking, Mr Runciman advised that a significant investment had been made to the property, which had a maximum occupancy of four, and felt that a condition of two cars would be too restrictive; he suggested that three cars may be more manageable.
Councillor Trotter commented that work had been undertaken without regard to existing rules, and Mr Runciman assured the Sub-Committee that there had been no contraventions to any rules which were relevant to the HMO application.
Councillor McMillan questioned whether there was a tenants’ and residents’ association for Kennedy Crescent. He raised issue with roadworks narrowing the road. He was concerned about the movement of additional vehicles at key times, and considered conditions that could be imposed to help with this. The Legal Adviser reminded the Sub-Committee that they could impose any conditions they saw fit, if they felt they were reasonable and appropriate. It was established that there was no tenants’ and residents’ association.
The Convener asked Mr Brunton whether he could comment on the movement of vehicles. Mr Brunton advised that this had not been an issue in the past.
The Convener then moved to a vote, which was taken by roll call, and invited Members to give further comments.
Councillor Trotter felt that little had changed since the previous decision had been made.
Councillor McMillan commented that he would not be minded to grant due to the potential for issues around parking, potential for public nuisance, and issues around having an HMO in a residential area. He stated that the conditions he would wish to impose to make the arrangement practical for neighbours would be too difficult to enforce.
The Convener remained unconvinced about the suitability of the parking arrangements and did not feel sufficient changes had been made. He also expressed concern about leaving the monitoring of potential conditions to members of the public.
Votes were cast as follows:
Grant: 0
Grant, but with conditions: 2 (Councillors Williamson and Henderson)
Refuse: 4 (Councillors Trotter, Findlay, McMillan, and McGinn) Decision
The Licensing Sub-Committee agreed to refuse the application on the basis that insufficient parking spaces had the potential to cause disruption on the street.
3. UPDATE OF DELEGATED POWERS LIST
The Depute Chief Executive – Resources and People Services had submitted a report to advise the Sub-Committee of a proposed update to the list of delegated powers granted to licensing officers.
4 Licensing Sub-Committee – 10/09/2020
Ian Forrest, Senior Solicitor, presented the report. He advised that the list of delegated powers appended to the report had been updated for the purposes of streamlining the list to make it easier to follow than previous versions. It also added a list of legislation to which the powers applied. Mr Forrest reassured Members that any applications which attracted objection from the police, public, or from other relevant stakeholders would continue to be decided by the Sub-Committee, and licensing officers would continue to deal with straightforward applications.
Councillor Trotter felt uncomfortable with the powers listed at item 5 (to determine whether exceptional circumstances exist which would justify the return of application fees in cases where the application is not progressed), item 7 (to determine whether “good cause” has been shown by an applicant where the application for renewal of a licence is received late, in terms of Schedule 1, paragraph 8(5A) of the Civic Government (Scotland) Act 1982), item 8 (to determine whether individual conditions are to be included in the grant or renewal of a licence, in addition to standard conditions), and item 9 (to determine whether existing conditions are varied, on a temporary or permanent basis). He felt that such matters should have recourse to the Sub-Committee, and proposed that a decision be delayed until such time as the delegated powers list could be reworded in such a way as to ensure the Sub- Committee felt comfortable with it.
Sheila Fitzpatrick, Team Manager – Licensing and Landlord Registration, advised that items 5 and 7 already appeared in the delegated powers list as it currently stood. In response to a further question from Councillor Trotter, Ms Fitzpatrick provided further information on the proposed list compared to previous versions. She noted that the list of legislation contained was not exhaustive to future-proof the delegated powers list in preparation for incoming legislation.
Mr Forrest reiterated Ms Fitzpatrick’s points and added that the Civic Government (Scotland) Act 1982 made allowance for acceptance of a late application for the renewal of a licence; he noted that this had been part of the delegated powers list for some time.
The Convener requested that the Sub-Committee receive a list of applications that had been determined under delegated powers to allow Members to comment. Ms Fitzpatrick said that if anything came through that the Sub-Committee would previously have had consideration of, she would be happy to provide them with notice; this could be adopted into the practice of the licensing team.
Mr Forrest suggested that, should the Sub-Committee have concerns about specific delegated powers, the item could be continued to a later meeting to allow time to change the wording of the list. Councillors McMillan and Trotter welcomed this suggestion.
Ms Fitzpatrick advised that item 9 had arisen from licensing issues surrounding COVID 19. She referenced caravan parks who sought to vary licence conditions to suit one- off operational changes due to COVID 19. It was anticipated that similar requests may be received going forward.
Councillor Henderson seconded Councillor Trotter’s earlier proposal to continue the item to allow time to rework the delegated powers list, taking on board the Sub- Committee’s comments.
Councillor Williamson asked whether the continuation of the item would affect any applications awaiting determination. Ms Fitzpatrick advised that the licensing team would not have the power to vary the conditions of the caravan parks. Mr Forrest
5 Licensing Sub-Committee – 10/09/2020 confirmed that the delegated powers would have to be agreed before the caravan park applications could be dealt with. Councillor Henderson stated that should would not be comfortable with this to be dealt with under delegated powers.
The Convener raised the issue of caravan parks being allowed to remain open, but also noted the wider concern for economic recovery should no decision be made. Ms Fitzpatrick advised that she had been shown evidence that other local authorities had approved the opening of the normal closure period (for 2021 only) simply by issuing a letter. Councillor McGinn questioned whether the Sub-Committee would need to be reconvened to make a decision on this matter. Councillor Henderson raised concern over whether the environmental work could be carried out to enable a caravan park to remain open throughout its usual closure season; she found the precedence set by other local authorities not to be a convincing argument.
Councillor McMillan echoed Councillor Henderson’s concerns regarding environmental health issues. He reflected on the balance between economic development and a responsibility to ensure other issues were not being caused by allowing caravan parks to open over their usual closure period.
Mr Forrest suggested that a vote be taken to continue the report, and that issues raised around caravan parks appear on the agenda of the following Licensing Sub-Committee meeting.
Councillor McMillan noted that he would be happy to attend an additional meeting of the Licensing Sub-Committee if this would help the businesses.
The Convener summarised the discussion and noted the potential need to convene a special meeting of the Licensing Sub-Committee to make decisions on matters relating to caravan park licences.
Decision
The Licensing Sub-Committee unanimously agreed to continue this report to the following meeting, pending further information.
Sederunt: Councillor McMillan left the meeting.
4. PROPOSED AMENDMENT OF RESOLUTION ON PUBLIC ENTERTAINMENT LICENSING REGIME
The Depute Chief Executive – Resources and People Services had submitted a report to advise of proposals to amend and streamline the list of activities within the Resolution to licence Public Entertainment Activities.
Ian Forrest presented the report. He advised that public entertainment was a discretionary licensing powers, and it was for the local authority to decide whether to licence such activities. This most recent change was the licensing of theatres; he explained that theatres were currently covered by the Theatres Act 1968, which was due to be repealed in 2021, therefore leaving local authorities to decide whether still wished to licence theatrical performances. If they did, they would be added to the Resolution on Public Entertainment Licensing, as was proposed in the report. Mr Forrest advised of other slight changes contained within the Resolution, including the addition of air shows, escape rooms, outdoor stake parks, and enhancing the definition
6 Licensing Sub-Committee – 10/09/2020 of what was meant by a water-based activity. Mr Forrest advised that these changes would be required to go to public consultation, and as such, the Sub-Committee would only authorise officers to carry out the consultation at present. The results of the consultation would come back to the Sub-Committee, who would then consider the amended list along with any public comments. Should the Sub-Committee then agree to adopt the list, this would trigger and nine-month lead-in period before changes would come into effect.
Councillor Williamson raised an issue with the wording at Section 5, where he felt it needed to be made clearer that only small-scale organised fitness activities that were non-profit would be able to run without a public entertainment licence. He wished to clarify that boot camps, even with attendance under 150 persons, would still require a public entertainment licence. Councillor Williamson proposed that the final bullet point be amended to read thus: Small scale community non-profit festivals, fetes, treasure hunts, duck derbys, galas, and organised exercise and fitness activities.
Councillor Trotter commented that Section 5 would be welcomed by community groups who had raised issues in the past with being required to obtain public entertainment licences for various events. As many community groups were struggling due to the COVID 19 pandemic, he welcomed this help towards their future activities, and welcomed the paper. Councillor Trotter also seconded Councillor Williamson’s amendment to the wording.
The Convener then moved to a roll call vote.
Decision
The Sub-Committee unanimously agreed to:
i. approve the proposed wording of the amended resolution;
ii. authorise the Service Manager – People & Governance, and such staff as she may designate, to advertise the proposed wording in the local press and undertake the necessary consultation process; and
iii. thereafter receive and consider a further report following conclusion of the consultation process.
Sederunt: Councillor Trotter left the meeting.
SUMMARY OF PROCEEDINGS – EXEMPT INFORMATION
The Sub-Committee agreed to exclude the public from item 5 which contained exempt information by virtue of Paragraph 2 (information relating to individual tenants) and items 6 and 7 by virtue of Paragraph 6 (information concerning the financial or business affairs of any particular person other than the Authority) of Schedule 7A to the Local Government (Scotland) Act 1973.
7 Licensing Sub-Committee – 10/09/2020
5. REMOVAL OF REQUIREMENT FOR DISPLAY OF PUBLIC NOTICE FOR HMO APPLICATION
Decision
The Sub-Committee agreed to disapply the requirement for the display of public notice for two HMO applications.
7. FITNESS AND PROPRIETY OF PRIVATE LANDLORD
Decision
The Sub-Committee agreed that the landlord could remain on the register, pending further review.
6. APPLCIATION FOR THE GRANT OF A STREET TRADER LICENCE
Decision
The Sub-Committee agreed to grant the licence for a period of one year.
8
REPORT TO: Licensing Sub-Committee
MEETING DATE: 12 November 2020
BY: Depute Chief Executive (Resources and People Services)
SUBJECT: Housing (Scotland) Act 2006, Part 5, Application for Renewal of a Licence to operate a House in Multiple Occupation at 16 Tyne Court, Haddington, EH41 4BL
1 PURPOSE 1.1 A licence application for renewal of an HMO licence has been received from Linda Gaughan (the “landlord”), to allow them to operate the property at 16 Tyne Court, Haddington, EH41 4BL (the “property”) as a House in Multiple Occupation (HMO) (Appendix 1). 1.2 A letter of objection has been received from a neighbour of the rental property. Relevant representations and objections require to be considered prior to the Council taking a decision on the licence application, and it is therefore a requirement that this application is determined by the Licensing Sub-Committee and not through delegated powers. 1.3 Although the objection was received outwith the specified time frame, members of this Committee have agreed for the objection to be heard, based on one of the points raised in the objection, namely that the site notice was not prominently displayed. 1.4 The Sub-Committee is required to focus on the suitability of the property as an HMO and to establish that the applicant is a fit and proper person to hold an HMO licence.
2 RECOMMENDATIONS 2.1 The Licensing Sub-Committee is asked to consider the application and objection, and to determine whether the HMO licence application for 16 Tyne Court, Haddington, EH41 4BL is to be renewed; granted subject to conditions; or refused.
13
2.2 If the HMO licence is granted, the Sub-Committee is asked to decide the period of the licence; this can range from six months to three years. 2.3 If the HMO licence is granted, the Sub-Committee is asked to agree that this be granted subject to the conditions and standards outlined in Appendix 2.
3 BACKGROUND 3.1 The Housing (Scotland) Act 2006, Part 5 requires that where a property is to be occupied by three or more persons from three or more families, who share use of a sanitary convenience, personal washing facilities and cooking facilities, the owner must apply to the Local Authority for a licence to operate an HMO. The property must also be their main or principal residence in the UK. 3.2 The property is being rented to tenants who are employees of TLS (Scotland) Ltd (Appendix 3). 3.3 The HMO Application was received on 28 October 2019, and was dated 25 October 2019. Notices, under Section 2 of Schedule 24 of the Housing (Scotland) Act 2006, were displayed at and around the property on 27 October 2019, and remained in place for the statutory minimum 21 days (Appendix 4). These notices inform local residents of the licence application and give information regarding their right to submit objections and/or make representations in relation to the application. Representations/Objections Received 3.4 The Council has received one objection to the granting of the application. The objection was not received within the 21 day time period. Members of this Sub-Committee were consulted on whether the objection could be considered. Based on one of the points of the objection, that the site notice was not prominently displayed, members agreed to consider the objection. The objection was received in writing (by email) on 31 January 2020. A redacted copy of the objection is attached to this report (Appendix 5). 3.5 The representation raises an objection to the renewal of an HMO Licence at 16 Tyne Court, Haddington, EH41 4BL. The concerns raised relate mainly to antisocial behaviour by the tenants with regard to noise disturbance and cigarette fumes. Matters to be considered by the Sub-Committee. 3.6 In determining the application, the Sub-Committee must restrict itself to grounds of refusal specified in Part 5 of the Housing (Scotland) Act 2006. This states that an application shall be refused if:
The applicant and/or any agent specified by the applicant are, in the opinion of the sub-committee, not fit and proper to be authorised to permit persons to occupy any living accommodation as an HMO (Section 130)
14
The applicant and/or any agent specified by the applicant are disqualified by an order of a Court from holding an HMO Licence. (Section 130)
The Sub-Committee determines that the property is not suitable for occupation as an HMO, or cannot be made suitable by including conditions on the HMO Licence (Section 131). In determining whether any property is, or can be made to be suitable for occupation as an HMO the Sub-Committee must consider: Its Location Its Condition Any amenities it contains The type and number of persons likely to occupy it Whether any rooms within it have been subdivided Whether any rooms within it have been adapted resulting in an alteration to the situation of the water and drainage pipes within it The safety and security of persons likely to occupy it, and The possibility of undue public nuisance
The Sub-Committee considers that there is (or, as a result of granting the licence, would be) an overprovision of HMOs in the locality (as determined by Sub-committee) in which the property concerned is situated (Section 131A). In determining whether to refuse to grant an HMO Licence as a result of overprovision, the Sub-Committee must have regard to: Whether there is an existing HMO Licence in effect in respect of the property. The views (if known) of the applicant, and if applicable, any occupant of the living accommodation. The number and capacity of licensed HMOs in the locality. The need for housing accommodation in the locality and the extent to which HMO accommodation is required to meet that need. Terms of an HMO Licence 3.7 An HMO licence may include such conditions as the Sub-Committee thinks fit. 3.8 Any condition included in an HMO licence may specify a date from which that condition is to have effect.
15
3.9 An HMO licence will have a valid period of between six months (minimum) and three years (maximum), to be determined by the sub- committee and declared on the licence. Consultation Responses 3.10 Consultation responses are summarised as follows: . Police Scotland have been consulted and have indicated that nothing is known to the detriment of the applicants, and that they have no issues with the application for an HMO Licence at the property. . Report received from Environmental Health notes that an upgrade is required in terms of the number of electrical sockets in the property (Appendix 6).
. No report has been received from the Scottish Fire and Rescue Service (SFRS), under Part 3 of the Fire (Scotland) Act 2005 and The Fire Safety (Scotland) Regulations 2006. . The Antisocial Behaviour Team have reported that they had three complaints of anti-social behaviour made against the property. One complaint in 2017 related to excessive noise, discarded cigarettes and not recycling. Two complaints in 2018 related to excessive noise (Appendix 7).
. Roads department have reported no objection to the application. . Planning department have reported no objection to the application.
Grant of Licence and Conditions 3.16 An HMO Licence can be granted for a minimum of six months and a maximum of three years.
4 POLICY IMPLICATIONS 4.1 Licensing of Houses in Multiple Occupation is a statutory obligation for East Lothian Council. This report is based upon legislation and Scottish Government guidance for licensing HMOs.
5 EQUALITIES IMPACT ASSESSMENT 5.1 This report is not applicable to the wellbeing of equalities groups and an Equalities Impact Assessment is not required.
6 RESOURCE IMPLICATIONS 6.1 Financial – none.
16 6.2 Personnel – none. 6.3 Other – none.
7 BACKGROUND PAPERS 7.1 Scottish Government Guidance published in January 2012 - Licensing of Houses in Multiple Occupation: Statutory Guidance for Scottish Local Authorities.
Appendix 1: Application form Appendix 2: Licence conditions Appendix 3: Tenancy agreement Appendix 4: Compliance notice Appendix 5: Redacted letter of representation/objection Appendix 6: Environmental Health consultation response Appendix 7: Community Safety consultation response
AUTHOR’S NAME Sheila Fitzpatrick
DESIGNATION Team Leader – Licensing and Landlord Registration
CONTACT INFO 01620 820623
DATE 30 October 2020
17 Appendix 1
18 19 20 21 East Lothian Council Appendix 2
HOUSES IN MULTIPLE OCCUPATION LICENSING CONDITIONS
1. The Licensee shall make the Licence and these conditions, available to occupiers within the premises where it can be conveniently read by residents.
2. If there is a material change of circumstance affecting the Licensee or the operation of the HMO, the Licensee must inform the licensing authority as soon as possible. No alteration must be made to the property without the prior written consent of the authority.
3. The granting of a licence requires that notice in writing be given to every occupier of premises in the same building and the occupiers of adjoining premises which share a common boundary with the land upon which the licensed premises are situated, advising them of the name of the Licensee or managing agent, a contact address, daytime telephone number and emergency telephone contact number. For the purposes of this condition, “common boundary” means any land or buildings which share a boundary with the land on which the licensed premises are situated or are on the opposite side from the licensed premises of any road, pathway or common area less than 20 metres in width. Where the licensed premises are in a sub-divided building, notification requires to be made to all other parts of that building, in addition to any land or buildings falling within the terms of the preceding sentence. Where any such adjoining buildings are themselves part of a sub- divided building, all parts of that building require to be notified.
4. The licence holder must take steps to ensure that the property, fittings and furniture, including fire precautions, plumbing, gas and electrical installations, are maintained throughout the period of the licence to the standard required. The HMO owner should hold all necessary certificates.
5. Where appropriate, the Licensee shall comply with the Food Safety Act 1990, and any regulations thereunder. The Food Hygiene Regulations, The Health and Safety at Work Act 1974, and any regulations thereunder and The Furniture and Furnishings (Fire) Safety Regulations 1988.
22 HMO Licensing Conditions 1 East Lothian Council
HOUSES IN MULTIPLE OCCUPATION - LICENSING CONDITIONS (continued)
6. All licensed premises shall comply with the requirements of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006 and will be provided with:
Adequate means of escape in case of fire. Adequate means of ensuring that the means of escape can be safely and effectively used at all times. Adequate and suitable fire-fighting equipment. An adequate fire alarm system. An adequate number of smoke detectors. An adequate number of Notices detailing procedures in the event of fire.
7. The equipment required to comply with these conditions shall be adequately maintained at all times, and it shall be the responsibility of the Licensee to ensure sufficient instructions are given to the residents of the licensed premises regarding the procedures to be followed in the event of a fire.
8. T o ensure an adequate electricity supply is maintained to the installed Fire Detection system, where credit card meters are in use, the Licensee will be responsible for ensuring that the meters remain in credit when the premises are unoccupied for any period exceeding 48 consecutive hours.
9. The licence holder must ensure that advice to occupiers on action to be taken in the event of an emergency is clearly and prominently displayed within the living accommodation.
10. The licence holder must ensure that the physical standards for HMO living accommodation assessed as suitable by the local authority when approving the licence application are met at all times.
11. The number of persons residing in the premises shall not exceed the maximum number stated on the licence. The use and occupancy levels of each room shall not be changed without the approval of East Lothian Council. Any change may be subject to a variation fee.
23 HMO Licensing Conditions 2 East Lothian Council
HOUSES IN MULTIPLE OCCUPATION - LICENSING CONDITIONS (continued)
12. The Licensee shall allow access to the premises at any reasonable time to the following officials for licensing purposes:
Any officer of East Lothian Council. Any officer of the Scottish Fire & Rescue Service Any officer of Police Scotland
13. The Licensee shall comply with all relevant legislation affecting private sector residential tenancies.
14. W ritten occupancy agreements must be provided, and must meet with the approval of East Lothian Council. Once approved, the occupancy agreement must not be altered unless the Licensee obtains further approval from the Council.
15. The Licensee will be responsible for the day to day running of the premises, and for ensuring that residents comply with the terms of their Lease and in particular to deal effectively with any anti-social behaviour by tenants to anyone else in the HMO or in the locality of the HMO.
16. Actions to secure repossession must be only by lawful means.
17. The Licensee shall be responsible for ensuring that all electrical installations are in accordance with the current IEE Wiring Regulations, and gas installations comply with the Gas Safety (Installation and Use) Regulations 1998.
18. Gas and electrical appliances provided by the Licensee must be maintained in a safe and satisfactory condition. Continuity of certification must be maintained. Tenants’ appliances should be in good repair, used for the intended purpose, and suitable for the intended purpose.
19. Liquefied etroleumP Gas (LPG) shall not be used or stored on the premises.
20. The licence holder shall comply with the current regulations regarding maximum re-sale prices of gas and electricity supplied, as appropriate.
24 HMO Licensing Conditions 3 East Lothian Council
HOUSES IN MULTIPLE OCCUPATION - LICENSING CONDITIONS (continued)
21. The licence holder should ensure that let rooms are fitted with a lever latch and secured with a suitable lock and thumb turn mechanism or other appropriate locking mechanism.
22. The building should be maintained in a reasonable state of repair, having regard to its age, type and location. Garden and environmental areas should also be adequately maintained. Where an HMO is in a shared building the Landlord must co-operate and participate in the general repair and maintenance of the building and the cleaning of common parts. Where the tenants fail to participate in the cleaning and maintenance of common areas or environmental areas, the landlord will be expected to carry out the work.
23. Adequa te and suitable facilities must be provided for the storage and disposal of refuse. Where bins are provided to terraced and tenemental property they must be clearly identified by flat or property address. The landlord must ensure that the tenants utilise the bins provided and ensure that refuse or bins are placed out on collection day and that bins are returned to the bin storage area following collection (where applicable).
24. The Licensee will ensure that residents’ mail is made available to residents on a daily basis.
25. The Licensee shall maintain comprehensive Building Insurance and Property Owner/Public Liability Insurance in accordance with the approved Standards.
25 HMO Licensing Conditions 4 Appendix 3
26 27 28 29 30 31 32 33 34 35 Appendix 4
36 Appendix 6
37 Appendix 5
38 39 40 41 Appendix 6 East Lothian Council
MEMORANDUM
TO: Sheila Fitzpatrick, Team Leader – Licensing and Landlord Registration
FROM: Shona Grant, Team Manager – Public Health & Environmental Protection
DATE: 30 October 2020
SUBJECT: Housing (Scotland) Act 2006 Application for a House in Multiple Occupation Licence 16 Tyne Court, Haddington EH41 4BL
I refer to the House in Multiple Occupation Licence application submitted by Linda Gaughan in respect of premises at 16 Tyne Court, Haddington EH41 4BL.
An inspection of the premises was carried out on 20 August 2019 ahead of the most recent application being received and to tie in with inspections of other properties also owned by Linda Gaughan. A more recent inspection was undertaken on 29 October 2020.
The property is a semi-detached house, located within a housing complex which has a double garage / storage area on the ground floor. The property is located over the first and second floors. On the first floor, the accommodation comprises an entrance hallway with stairs leading to the second floor, a kitchen and living room. On the second floor there is a hallway, a bathroom and three bedrooms.
Location
The property is located within a mixed residential and commercial area on Tyne Court in the town of Haddington.
Condition of the Accommodation
The property is in a good state of repair. It is heated by gas central heating and the boiler is located within a cupboard in the upper hall. Each of the bedrooms have adequate natural lighting and ventilation. The kitchen and bathroom have natural ventilation and/or adequate mechanical ventilation. The electric lighting system throughout the property complies with the required standard.
Amenities
There is one kitchen within the property which has an electric hob and oven. There is a microwave, toaster, kettle and washing machine. There is also one fridge freezer, a further freezer and two further fridges. There is one sink with integral drainer. The property has
42 one bathroom which has a bath with electric shower, wc and wash hand basin. The kitchen, cooking and sanitary facilities within the property are sufficient for the proposed number of occupants (five). There is an adequate piped supply of hot and cold water and the drainage system appears to be safe and hygienic.
Type and number of persons likely to occupy the accommodation
The property is currently only occupied by two people however the application is for a maximum occupant capacity of five. In terms of space and layout there are three bedrooms within this property. Each of the bedrooms are of a size which exceeds the minimum space standards for single/double occupancy and capable of accommodating a bed, a freestanding wardrobe and drawers. There is adequate activity space in all rooms. The property is utilised by Mr Gaughan to house workers for his business, Total Labour Solutions.
Safety and Security
There is one gas appliance within the property (central heating boiler). A Carbon monoxide detector is located in the upper hallway which has an expiry date of 1 April 2024. The Gas Safety Record which has been submitted was dated 19 November 2019. In terms of electricity, the number of electrical socket outlets available for occupier use should be a minimum of 6 in each kitchen, 6 in each bedroom and living room and 4 additional sockets anywhere in the building. The property did not appear to comply with this standard. In terms of electrical safety a current and valid copy of an ‘Electrical Installation Condition Report (EICR)’ was viewed and is dated 1 December 2016. An up to date Portable Appliance Test (PAT) Certificate was also viewed and is dated 19 November 2019. The property is capable of being adequately secured and exited without recourse to a key.
Fire Safety Audit Form
A Fire Safety Audit Form was completed during this inspection and has been passed on to the Scottish Fire & Rescue Service.
Summary
Environmental Protection would therefore have no objections to the granting of this HMO licence application for up to five residents and subject to the following conditions:
1. In terms of electrical socket provision, where necessary the property should be upgraded to ensure that the following is provided. The number of electrical socket outlets available for occupier use should be a minimum of 6 in each kitchen, 6 in each bedroom and living room and 4 additional sockets anywhere in the building.
43 From: Black, Kenneth To: Fitzpatrick, Sheila Appendix 7 Subject: FW: HMO license application - 16 Tyne Court, Haddington, EH41 4BL Date: 21 November 2019 14:55:08
Sheila Further detail as requested. Thanks Kenny
From: Reid, Jordan
Kenny,
Note further details of jobs bellow as requested;
- 16/07/2017 complaint received from a neighbour reporting the following - Noises in middle of night, cigarette buts thrown out of window, tenants do not recycle so litter builds up.
- 28/01/2018 complaint received from a neighbour reporting the following - Noise outside the property in the early hours of the morning, the last instance was 5am on Sun 28/01/18, spoken to them on numerous occasions regarding this issue. Flat is an HMO were told the last time reported that landlord was going to speak with tenants. wishes the council to review the application for HMO, initially when application was granted residents of Tyne Court objected
- 04/03/2018 complaint received from a neighbour reporting the following - Again a disturbance at 4am on 04/03/2018 at the address mention below where tenants were shouting at each other and slamming their front door, so far not heard any response to the first case number and now the same issue is being repeated, flat is an HMO
Thanks Jordan
From: Black, Kenneth
JR Can you dig out the jobs if you can and e-mail to me. Ta Kenny
Sent from my iPhone
Begin forwarded message:
44 From: "Fitzpatrick, Sheila"
Please Kenny,
Thank you,
Sheila
From: Black, Kenneth
Sheila To note. Do you want more details on the jobs in point? Kenny
From: Reid, Jordan
Hi Kenny,
1 Call in 2017 relating to littering. 2 Calls in 2018 relating noise, including; shouting, swearing, slamming doors and partying till the early hours of the morning.
Thanks Jordan
From: Black, Kenneth
From: Black, Kenneth Sent: 19 November 2019 09:18 To: Hanlin, Laura
45 HI Laura To see Kenny. Thanks Kenny
From: Fitzpatrick, Sheila
Please provide observations/comments regarding the renewal application for a House in Multiple Occupation license for the above address.
Regards,
Sheila Fitzpatrick Team Leader – Licensing and Landlord Registration East Lothian Council Democratic & Licensing Services John Muir House HADDINGTON, EH41 4HA
01620 820623 [email protected]
46
REPORT TO: Licensing Sub-Committee
MEETING DATE: 12 November 2020
BY: Depute Chief Executive (Resources and People Services)
SUBJECT: Update of Delegated Powers List
1 PURPOSE 1.1 To notify the Sub-Committee of a proposed update to the list of delegated powers granted to licensing officers.
2 RECOMMENDATIONS 2.1 That the Sub-Committee note the update to the list of delegated powers as shown in the appendix attached hereto.
3 BACKGROUND 3.1 The Licensing Sub-Committee delegated a number of tasks to relevant officials a number of years ago, with a view to reducing the number of routine cases which require to be put before the Sub-Committee for determination. 3.2 The list is couched in deliberately broad terms, and principally deals with the grant or renewal of licences in routine cases where no objections have been received. 3.3 Since the list was initially drawn up, there have been a number of additions to it as circumstances required. The overall result is a somewhat untidy and repetitive list. 3.4 An update to the Delegated Powers List was proposed to the Sub- Committee at the meeting on 10 September 2020. The proposal included two new delegated powers, when the original intention had simply been to tidy up the present list. The presence of the new items caused some
47 concern and it was agreed to defer consideration of the matter to the next meeting. 3.5 The proposed new powers have been removed from the updated list that now appears in the appendix to this report. All of the powers on this updated list are already in force as delegated powers, having been approved by the Licensing Sub-Committee in the past. The updated list is now simply the tidied up and streamlined version of the present list which it was intended to present previously, and no new powers are proposed to be added. Members are therefore asked to note that the current list will be replaced by the attached update from the date of this Sub-Committee meeting. 3.5 The intention remains that this list of powers will allow officers to deal with routine licensing matters, and avoid the need for such cases to be brought before the Sub-Committee for approval. The current arrangement whereby more complex or controversial cases, and those where objections have been received, continue to go before the Sub-Committee, will not change.
4 POLICY IMPLICATIONS 4.1 None – Standing Orders empower the Licensing Sub-Committee to delegate such duties as they deem appropriate to relevant Licensing Officers and all the powers on the updated list have been previously delegated.
5 EQUALITIES IMPACT ASSESSMENT 5.1 This report is not applicable to the wellbeing of equalities groups and an Equalities Impact Assessment is not required.
6 RESOURCE IMPLICATIONS 6.1 Financial – none. 6.2 Personnel – none. 6.3 Other – none.
7 BACKGROUND PAPERS 7.1 Current delegated powers list
48 AUTHOR’S NAME Ian Forrest
DESIGNATION Senior Solicitor
CONTACT INFO x7389
DATE 2 November 2020
49 Appendix 1
DELEGATED POWERS UPDATED 2 NOVEMBER 2020
The Delegated Officer is authorised to determine the following licensing matters:
1. To grant licences, on advice from the Chief Constable that there are no objections 2. To renew licences, if there are no new objections or adverse information received since or before the Licensing Sub-Committee’s last consideration of the matter and the licence sought is the same as the licence previously granted; 3. To grant a licence in terms of any other primary or secondary legislation which regulate licensing regimes falling within the ambit of the Licensing Sub-Committee, on advice from the Chief Constable that there are no objections 4. To renew a licence in terms of any other primary or secondary legislation which regulate licensing regimes falling within the ambit of the Licensing Sub-Committee, if there are no new objections or adverse information received since or before the Licensing Sub-Committee’s last consideration of the matter and the licence sought is the same as the licence previously granted 5. To determine whether exceptional circumstances exist which would justify the return of Application fees in cases where the application is not progressed. 6. To suspend a licence with immediate effect in terms of paragraph 12 of Schedule 1 to the Civic Government (Scotland) Act 1982 7. To determine whether “good cause” has been shown by an applicant where the application for renewal of a licence is received late, in terms of Schedule 1, paragraph 8(5A) of the Civic Government (Scotland) Act 1982. 8. To provide that if, for any reason, the delegated officer considers it inappropriate to determine an application under delegated powers, the application will be referred for determination to the Licensing Sub-Committee.
The above powers can be applied in the consideration of the following legislation:
Animal Boarding Establishments Act 1963 Animal Health & Welfare (Scotland) Act 2006 Breeding of Dogs Act 1973 and Breeding and Sale of Dogs (Welfare) Act 1999 Caravan Sites and Control of Development Act 1960 Civic Government (Scotland) Act 1982 Dangerous Wild Animals Act 1976 Deer (Scotland) Act 1996 Explosives Regulations 2014 Health and Safety at Work etc. Act 1974 Housing (Scotland) Act 2006 Housing (Scotland) Act 2014 Performing Animals Act 1925 Pet Animals Act 1951 (amended 1983) Petroleum (Consolidation) Regulations 2014 Riding Establishments Act 1964 and 1970 Travelling Funfairs (Licensing) Act 2021 (prospective legislation) Zoo Licensing Act 1981
50
REPORT TO: Licensing Sub-Committee
MEETING DATE: 12 November 2020
BY: Depute Chief Executive (Resources and People Services)
SUBJECT: Taxi Fare Review
1 PURPOSE 1.1 To allow the Licensing Sub-Committee to consider the review of the scale of the fares or other charges currently in operation in respect of the East Lothian taxi fleet.
2 RECOMMENDATIONS 2.1 That the Sub-Committee complete the review of taxi fares by resolving to keep fares at their current levels, given the lack of any proposals for an increase from the trade. 2.2 That the Sub-Committee decide a date on which the confirmed tariff will come into effect. 2.3 That the Sub-Committee authorise officers to advertise and explain the effect of the proposals and invite representations from the public.
3 BACKGROUND 3.1 There is a statutory requirement for the Council to review taxi fares at least once every 18 months. The last review took place in May 2019, (Appendix 2 – existing tariff), meaning that the next review has to be in place no later than November 2020 in order to comply with the statutory timescales. 3.2 To ensure compliance with this timescale, the review was initiated by way of consultation with the taxi trade in East Lothian regarding any proposals they may have with regard to the review of taxi fares. That consultation ran from 20 March to 18 May 2020. There were no responses or proposals received to alter the current fee structure. The Sub-Committee are entitled to complete the review of fares with the decision being to make no changes to the current levels.
51 3.3 As part of the review of taxi fares, the Licensing Team has also consulted with other Licensing Authorities (Appendix 3), namely, West Lothian, Midlothian, City of Edinburgh and Scottish Borders about their current scale of fares and other charges. 3.4 Before any new scale of fares and other charges can come into force the council must advertise any new proposed scale in the local press to give an opportunity for public representations. Said notice must also specify the date on which it is proposed that the tariff shall take effect, which must take account of the period for representations and for appeals to the Traffic Commissioners. It is therefore suggested that the proposed date of coming into effect should be 6 weeks after the date of advertising. Following the coming into effect of the tariff, there would be a further notice published confirming that the new tariff is now in effect. 3.5 In the absence of any proposals for change, it is proposed that the Sub- Committee complete the review of taxi fares by formally re-adopting the current tariff (Appendix 2) for the following 18 month period.
4 POLICY IMPLICATIONS 4.1 None. In fixing a scale of fares and other charges, the Council as Licensing Authority is complying with a statutory duty.
5 EQUALITIES IMPACT ASSESSMENT 5.1 The subject of this report does not affect the wellbeing of the community or have a significant impact on equality, the environment or economy.
6 RESOURCE IMPLICATIONS 6.1 Financial – none. 6.2 Personnel – none. 6.3 Other – none.
7 BACKGROUND PAPERS 7.1 Current schedule of taxi fares, May 2019
Appendix 1: Revised scale of the fares or other charges proposed by the East Lothian Taxi Operators. Appendix 2: Existing Fare Tariff Appendix 3: Consultations with other Licensing Authorities
52 AUTHOR’S NAME Ian Forrest
DESIGNATION Senior Solicitor, Legal Services
CONTACT INFO 01620 827389 [email protected] John Muir House, Haddington
DATE 12 November 2020
53 Appendix 1
Appendix 1
Revised scale of the fares or other charges proposed by the East Lothian Taxi Operators.
None.
54 Appendix 2
CIVIC GOVERNMENT (SCOTLAND) ACT 1982, Section 18
TAXI FARE REVIEW
Notice is hereby given that East Lothian Council has reviewed the taxi fare scales (as undernoted) applicable in East Lothian for a period of 18 months.
The new taxi fare scales shall become effective on Saturday 25th May 2019.
The Taxi Fare Table can be viewed on East Lothian Council’s Website www.eastlothian.gov.uk
Service Manager 28 March 2019 Licensing, Administration & Democratic Services John Muir House Haddington Email: [email protected]
FARE TABLE FOR TAXI CABS
For 1 to 8 Passengers TARIFF 1 TARIFF 2 TARIFF 3
6am – 6pm 6pm- 6am
1. For the initial period of waiting £3.00 £4.00 £5.00 and th th 2.For the initial hire not exceeding 1. 6pm on 24 December until 6am on 27 December 713.70 yards 2. 6pm on 31st December until 6am on 2nd January
1. For each additional 40 seconds of 20p 20p 40p waiting time
2. For every additional 146.5 yards
3 .Or a combination of 1 and 2 above
EXTRA PAYMENTS
Car valeting charge for customer misuse - £100
NOTES
The above fares are applicable only within East Lothian
55 Appendix 3
THE CITY OF EDINBURGH COUNCIL CIVIC GOVERNMENT (SCOTLAND) ACT 1982 FARE TABLE FOR TAXIS With effect from 7 April 2020 TARIFF 1 TARIFF 2 Monday - Friday 6pm – 6am the following day Monday - Friday 6am – 6pm 6am Saturday – 6am Monday
TARIFF 3 Monday - Friday 6am – 6pm TARIFF 4 Monday - Friday 6pm – 6am the following day during Christmas and New Year 6am on Saturday – 6am Monday during Christmas and New Year Tariffs 3 and 4 shall only be charged during the following dates and times: CHRISTMAS 6pm on 24 December to 6am on 27 December NEW YEAR 6pm on 31 December to 11.59pm on 2 January
CHARGES TARIFF 1 TARIFF 2 TARIFF TARIFF 4 3 . Initial hire not exceeding 516m . Initial 105 seconds of waiting time £3.00 £4.00 £4.00 £5.00 . Combination of initial time and distance . Each additional 168m up until 1860m and thereafter each additional 195m . Each additional 36 seconds of waiting £0.25 £0.25 - - time . Combination of additional time and distance . Each additional 184m up until 1988m and thereafter each additional 213m . Each additional 39 seconds of waiting - - £0.35 £0.45 time . Combination of additional time and distance £0.30 When more than 2 passengers Each Note: Only 2 children under 12 years will be reckoned as one passenger. No extra fare will be charged for one child under 5 years of age.
Each passenger must be properly seated Hires ending at Edinburgh Airport Inner Drop-off Zone (See Note 4 below) £2.00 Call Out Charge Airport Pickup £0.80 Applicable when pre-booked For hires commencing at Edinburgh airport Cancellation Fee The amount charged at the exit gate subject to a maximum of £5.00, providing £2.20 Applicable when taxi is pre-booked but not it is no more than the actual amount used charged.
Soiling Charge – maximum of £50.00 payable by a passenger, where a vehicle is required to be removed from service for cleaning in order for it to be restored to a usable state and condition
56
FARE TABLE FOR TAXI AND METERED PRIVATE HIRE CARS
OPERATIVE FROM 5 APRIL 2019
Tariff 1 - Monday - Friday 6am - 6pm for up to 2 Tariff 2 - Monday - Thursday 6pm - 6am and at weekends from 6pm on passengers Friday - Monday 6am for up to 2 passengers
For For • the initial hire not exceeding 190 yards; • the initial hire not exceeding 190 yards; • the initial period of waiting time of 43 seconds; or • the initial period of waiting time of 43 seconds; or • a combination of time and distance as above • a combination of time and distance as above £2.60 £3.00 For For • each additional 225 yards or part thereof; • each additional 225 yards or part thereof; • each additional period of waiting time of • each additional period of waiting time of 43 seconds or part • 43 seconds or part thereof; or thereof; or a combination of additional time and distance 20p • a combination of additional time and distance 20p Tariff 3 - Christmas and New Year for up to 2 Additional Charges passengers Where more than 2 passengers: Hires commencing at 10pm on 24 December Per extra adult passenger (over 12 years): 40p until 5am on 27 December and between 10pm Per extra child passenger (over 5 years and on 31 December and 6am on 2 January in any under 12 years): 20p year Per extra infant passenger (0 - 5 years): no extra charge For Note: each passenger must be properly seated (including • the initial hire not exceeding 190 yards; children and infants) Luggage • the initial period of waiting time of 43 seconds; or For every piece of luggage carried (subject to a maximum charge of 40p per • a combination of time and distance as above hire): 20p £3.90 For each piece of luggage or additional item carried requiring the For assistance of the driver, or which cannot reasonably be lifted by one • each additional 225 yards or part thereof; person: a charge of £5 (amount to be agreed before journey • each additional period of waiting time of 43 commences) seconds or part thereof; or Soiling Charge: £40.00 • a combination of additional time and distance 30p Cancellation Fee i.e. taxi or metered private hire car booked but not used: £2.60 Engagement Fee i.e. where taxi or metered private hire car booked by telephone or booked in advance: 60p per hire
1. The above fares are the maximum metered fares which can be charged for hires wholly within the West Lothian District.
2. Any hire which starts or terminates outwith the West Lothian District — fares must be agreed before the journey commences. It can be agreed that this fare table will be used.
A copy of the conditions attached to a taxi or private hire car licence issued by West Lothian Council may be inspected at West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston or viewed on the taxi licensing pages of the council’s website www.westlothian.gov.uk
Approved by West Lothian Council on 5 February 2019
57
CIVIC GOVERNMENT (SCOTLAND) ACT 1982 TAXI FARE STRUCTURE MAXIMUM FARE LEVELS
Notice is hereby given that in terms of Section 18(9) of the Civic Government (Scotland) Act 1982, the Taxi Fare levels with effect from 23 September 2019 are as follows:-
SOCIAL HOURS No. of PASSENGERS 1 to 4 5 to 8
Initial Hire £2.35 £3.50 Each 96.78 yards (approx. 88.5 metres) or part thereof £0.10 £0.15
Waiting Time
After 60 seconds each 35 seconds £0.10 £0.15
Valeting/Customer Misuse
Car valeting charge for customer misuse £70.00
UNSOCIAL HOURS (inc +25%)
(a) In addition to social hours from 10.00pm to 6.00am
Initial Hire £2.95 £4.40 Each 77.43 yards (approx. 70.8 metres) or part thereof £0.10 £0.15
(b) Festive Season:-
Between 6.00pm on 24 December until 6.00am on 27 December and between 6.00pm on 31 December until 6.00am on 3 January
Initial Hire £3.45 £5.10 Each 96.78 yards (approx. 88.5 metres) or part thereof £0.15 £0.25
Waiting Time
After 60 seconds each 35 seconds £0.15 £0.25
B. FRATER Service Director Regulatory Services
58
Midlothian Council
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
FARE TARIFF WITH EFFECT FROM 5 FEBRUARY 2016
Taxi and Private Hire Cars Fares
For 1 or 2 passengers Tariff 1 Tariff 2 Tariff 3 Tariff 4 For the initial hire not exceeding 339m For the initial period of waiting time of 60 seconds £2.80 £3.20 £3.80 £4.00 For a combination of time and distance For each additional 168.3m For each additional 30 seconds of waiting time £0.20 £0.20 £0.35 £0.35 For a combination of additional time and distance
Monday to Friday Tariff 1 – Monday – Friday 6am – 6pm Tariff 2 – 6pm to 6am and, at weekends, from 6am on Saturday to 6am Monday
Christmas and New Year – Between 6pm on 24 December and 6am on 27 December and 6pm on 31 December and 6am on 3 January Tariff 3 – Monday – Friday 6am – 6pm Tariff 4 – 6pm to 6am and, at weekends, from 6am on Saturday to 6am on Monday
Only 2 children under 12 years will be reckoned as one passenger. No extra fare will be charged for one child under 5 years. Each passenger must be properly seated.
Extra Payments When more than 2 passengers - £0.20 each Pre-bookings – Call Out Charge - £0.60 Cleaning Fee – Travel Sickness - £20.00 Cancellation Fee - £2.00 Credit/Debit card payments - £1.00
1
NOTES: 2 Fares applicable only in Midlothian. 3 Any hire which terminates outwith Midlothian – fare by agreement before journey. 4 Approved by General Purposes Committee, Midlothian Council on 5 January 2016. 4 Copies of the Conditions and Regulations available for inspection at the Taxi Examination Centre, 33 Murrayburn Road, Edinburgh, Police Scotland, Divisional Headquarters, Newbattle Road, Dalkeith and Midlothian House, Buccleuch Street, Dalkeith.
59 60